mrl.news | Ausgabe 2024-01 [EN]

mrlnews
mrl.news
Issue 2024.01
Page 2
Editorial: tec.nicum grows with the challenges
Page 3
The Schmersal Group restructures its service division /
Foundation of tec.nicum – Solutions & Services GmbH
Page 4
Interview with Bruno Diniz, Head of tec.nicum – Solutions &
Services GmbH
Page 6
digitalisation: the new service module no. 5 of tec.nicum
Page 8
outsourcing: the new service module no. 6 of tec.nicum
Page 9
Energy management as an IIoT solution
Page 12
New memorandum of understanding from the UK’s
Department for Business and Trade
Page 13
Are standards soon to be available free of charge?
Page 14
Legal aspects of machine safety
Page 17
New directive for product liability
Page 18
Functional Safety of Machinery training course and exam
for the Functional Safety Engineer (TÜV Rheinland) certificate
Page 20
New tec.nicum seminars for managers
Page 21
The 2024 seminar programme of the tec.nicum academy
Ausgabe 2024.01
Seite 1

tec.nicum grows with the challenges
Internationally, the service business is the fastest
growing business segment of the Schmersal Group.
Under the tec.nicum brand we offer a comprehensive
range of services. With a network of highly qualified
specialists, we ensure the best possible support for our
customers worldwide.
Demand for services is constantly on the increase. And
it’s no surprise – the safety of machinery is multifaceted,
and manufacturing processes are becoming ever
more complex. New technologies and technological
concepts, such as Industry 4.0, the Industrial Internet
of Things, AI and Machine Learning, are all making their
way into industrial production.
Schmersal is taking these developments into account
and is repositioning its service business, in terms of
both organisation and content, with an expanded range
of services. In our interview on page four, Bruno Diniz,
Head of Global tec.nicum, talks about the aims of the
repositioning.
Of particular interest to our customers are the new
modules being offered by tec.nicum: digitalisation and
outsourcing (see pages 6/7 and 8). Here, tec.nicum is
relying on completely new systems, some supported by
software or AI, to not only ensure the safety of people
and machinery, but to improve productivity and the
environmental responsibility of processes.
We can use a very specific example to demonstrate
how this benefits our customers: Schmersal
implemented the energy management system EMS 4.0
for a well-known customer in India, which prides itself
on its ambitious sustainability goals. The system makes
energy consumption in production transparent and
provides a comprehensive database for analysing and
optimising processes (page 9 onwards).
We also remain very active in our traditional field. In this
issue, we’re looking at the legal aspects of machine
safety (page 14), a new directive on product liability (page
17) and a recent ECJ ruling on the free provision of
standards.
In addition, we have also expanded our training
programme: for the first time, we are now able to offer
Functional Safety Engineer (TÜV Rheinland) training as
well as seminars specifically designed for managers
(page 18/19).
Happy reading!
Your Editorial Team
2 2024.01

Extended offer – global integration
The Schmersal Group restructures its service division /
Foundation of tec.nicum – Solutions & Services GmbH
The Schmersal Group is restructuring its service business, which promises great development potential in view of
growing demand. The range of safety services offered by tec.nicum will be significantly expanded – particularly in the
areas of digitalisation and complete solutions for machine safety – and the global activities and expertise will be
more closely integrated.
On 8 April 2024, Schmersal founded tec.nicum – Solutions
& Services GmbH as a new subsidiary, which also incorporates
omnicon engineering GmbH, which Schmersal
acquired in 2019. The new company is based in Kirkel-
Limbach in Saarland / South West Germany.
Bruno Ricardo Diniz, who previously led tec.nicum’s
business in Latin America, now heads this newly founded
company and is also Head of Global tec.nicum. The
European business of tec.nicum – Solutions & Services
GmbH will be supported by Enildo Caetano dos Santos as
Business Development Manager and the German team
will be handled by Carsten Doll as Site Manager in Kirkel
and Tobias Keller as Sales Manager.
“On the one hand, our customers will benefit from our
technical expertise, safety knowledge and application
experience, all integrated in a global process that takes
advantage of emerging technologies such as lidar,
augmented reality and digitalisation. For example, to
support customers in the Americas, we will draw on the
expertise of Brazilian engineers, while in Europe the new
company will provide support and in Asia we will draw on
the expertise of the Indian team,” explains Bruno Diniz.
“On the other hand, we will significantly expand our
portfolio of safety services and lead the company into new
opportunities that it has not yet explored”.
The four pillars on which tec.nicum’s offering has been
built to date – knowledge transfer, consulting, technical
planning and execution – will be supplemented by two
more: digitalisation and outsourcing.
digitalisation:
tec.nicum is increasingly offering newly developed
software solutions, such as a new tool for carrying out
risk assessments, as well as new digital technologies
such as cloud solutions, IIoT applications, digitalised
lockout-tagout procedures and energy management
tools.
outsourcing:
tec.nicum offers companies the opportunity to
completely outsource all tasks related to machine
safety, from the planning and installation of control
cabinets to the design of holistic safety solutions.
tec.nicum provides the user with ready-to-connect
plug & play solutions.
2024.01
3

Bruno Diniz has been Head of
the newly founded tec.nicum –
Solutions & Services GmbH
since April 2024 and is therefore
responsible for the global
activities of this new subsidiary
of the Schmersal Group.
Interview with Bruno Diniz, Head of tec.nicum –
Solutions & Services GmbH
“We are the first choice for companies looking for
a global partner”
MRL News:
What is the objective of the reorganisation of the
tec.nicum organisation?
Bruno Diniz:
The aim of the reorganisation and the founding
of tec.nicum – Solutions & Services GmbH is to
establish a globally integrated tec.nicum team in
order to develop global strategies and coordinate
the worldwide activities of the Schmersal Group’s
service division. We want to offer a comprehensive
global service portfolio that combines knowledge
from different locations and at the same time takes
local requirements into account. In this way, we are
pooling our expertise and resources for the benefit
of our customers. For example, we will support our
customers in the Americas with the expertise of our
Brazilian engineers, the new company in Europe and
the Indian team in Asia. We will be able to manage
projects with experts from different locations. This
strategic realignment will make us the first choice
for companies looking for a partner who can support
them worldwide and maintain the same quality and
safety standards.
MRL News:
Not only will tec.nicum be reorganised, but you also
want to expand your range of services. What is the
reason for this?
Bruno Diniz:
We are seeing a clear transformation process in the
industry. Digitalisation and concepts such as Industry
4.0 are changing production processes. Therefore, we
need to support our customers with new technologies
and tailor-made services. One example is the growing
proportion of software functionality in devices. The
exchange of data and documents with the devices
in digital form is becoming more extensive, and we
also have to provide our customers with more and
more information. In addition, we have found that our
customers are not only looking for specific services,
such as a risk assessment or a concept for safeguarding
an individual machine, but also for complete solutions
that take into account and evaluate the entire supply
chain. Our customers also include multinational
corporations with production plants in various countries
and continents, which nevertheless attach great
importance to standardised safety solutions and safety
standards. In view of these developments in the demand
for safety services, we have refocused our strategy: We
have expanded our service portfolio, we are offering
new technologies such as IIoT and cloud solutions, and
we are pooling the resources of our global network. ➞
4 2024.01

MRL News:
What exactly are the new services offered by tec.nicum
– Solutions & Services GmbH?
Bruno Diniz:
Basically, we have added two more modules to the four
existing service modules of tec.nicum: digitalisation and
outsourcing. The digitalisation module is about digital
solutions that not only relate to safety technology,
but also help customers implement their Industry 4.0
concepts and achieve their sustainability goals. For
example, we offer various platforms and systems that
enable customers to visualise, analyse and evaluate
a wide range of production data. These include video
analysis systems that can identify potential risks in
real time. We also offer automated quality assurance
systems and energy management tools. We are actively
developing new software solutions, such as Blue Print,
which is already used for risk assessment and which
we are gradually expanding. An added benefit of these
digital solutions is that they allow people from different
locations around the world to work together on a
project. This ensures consistent standards and avoids
isolated solutions.
MRL News:
And what does the outsourcing module involve?
Bruno Diniz:
With outsourcing, we offer complete solutions – from
pre-assembled control panels to integrated safety
solutions in which the entire supply chain is analysed.
The aim is always to improve and simplify our customers’
processes. For example, by providing support in product
development and optimising products through codesign.
During the entire product development process,
for example, we find improvements or switch to plugand-play
systems so that the delivery and assembly of
products is much faster. Last but not least, we also want
to help our customers to reduce their operating costs. If
desired, order processing can be carried out according
to the ‘Engineer to Order’ (ETO) principle, whereby
products or components are customised.
MRL News:
What organisational changes have been made?
Bruno Diniz:
tec.nicum is no longer just a business unit, but an
independent, wholly owned subsidiary of the Schmersal
Group. Our head office is located in Kirkel-Limbach,
the headquarters of the former omnicon engineering
GmbH, which has been merged into the new tec.nicum –
Solutions & Services GmbH. Another office in Germany
is located at Schmersal’s headquarters in Wuppertal.
Outside Germany, we have central offices in Brazil and
India. However, we also have tec.nicum engineers in all
our subsidiaries – whether in Belgium or the USA – so
that we can work very closely with our customers. We
currently have 162 employees worldwide - but I am sure
there will be more in the future as we have ambitious
goals and I am convinced that our unique service
offering will be in high demand.
Education center
■ Training courses
■ Customer-specific trainings
■ In-house seminars
■ Certified courses
(mce.expert and FSE)
Analysis and documentation
■ Technical support
■ RISK assessment
■ CE conformity assessment
■ Evaluation of machines and
production lines
■ Reports
Planning and design
■ Technical project planning
■ Conceptual project development
■ Electrical and mechanical design
■ Executive project management
Practical application
■ Turnkey approach
■ Installation
■ Retrofit
Software integration
■ PSS (Production Safety System)
■ SSM (Schmersal Smart Machine)
■ AI and computational
vision solutions
■ Digital Lockout Tagout (dLOTO)
■ EMS (Energy Monitoring System)
Serial solutions
■ Plug & Play products
■ ETO (Engineer to Order projects)
■ Systems and cabinets
tec.nicum’s range of services now consists of six modules. The digitalisation and outsourcing modules are new.
2024.01
5

tec.nicum is increasingly
offering newly developed
software solutions, such as a
new tool for carrying out risk
assessments, as well as new
digital technologies such as
cloud solutions, IIoT applications,
digitalised lockouttagout
procedures (dLOTO) and energy
management tools.
Software integration
digitalisation: the new service module no. 5 of tec.nicum
tec.nicum develops IIoT solutions for its customers so
that data and information from production can be better
used to increase the efficiency of machines and
systems. The new cloud solution collects data from
networked devices, sensors and actuators and analyses
it in real time. The results and the recommendations for
action based on them are used to optimise the machines
and processes. Key approaches in these concepts are
condition monitoring, predictive maintenance, the
calculation of key performance indicators (KPIs) and
energy management. In addition, tec.nicum offers
various solutions for the digitalisation of lockout-tagout
procedures that protect employees from dangerous
energy release. Cloud-based technologies allow users
to monitor workflows and data at any time from their
desktop, tablet or smartphone.
PSS – Product Service System
The PSS platform is designed to store and visualise
factory floor data collected from PLCs, safety controllers
and IoT devices. This data is used to provide insight
into production and productivity, and to monitor the
measurements and calculations required by safety system
regulations such as HRN and Time Mission. PSS
uses consolidated communication methods such as
MQTT and OPC UA, as well as the ability to integrate
with databases and APIs. All collected data is made available
and centra lised in a dedicated operating station for
each client, making the platform a multi-tenant concept.
PSS complies with international privacy standards.
Each user has their own navigation environment, with
dashboards designed for quick analysis of the information
available. It is also possible to manage customised
and standardised alerts, making the tool more versatile.
SSM – Schmersal Smart Machine
Empower control: discover the revolution in monitoring
with our SSM. We combine all our technologies into a
streamlined solu tion for our customers. Get data, image
analysis through AI, energy consumption control, and
sophisticated security analysis on a single platform.
SSM focuses on the end user, from new purchases to
retrofits. We bring new machines and processes up to
the technological standards demanded by leading industrial
companies. We make Industry 4.0 a reality for
our customers, using at least five pillars to modernise
solutions. Our engineering team is ready to understand
our customers’ technological requirements and translate
them into simple and effective solutions. ➞
6 2024.01

Computational Vision Solutions:
If you can see, we can measure. A modular ecosystem
of video analytics solutions that integrates information
from multiple challenges faced by industries into a
single environment. We can measure images,
performance indicators, availability, quality and above
all the safety of people and equipment.
An IP camera image capture system is used for
implementation, and it is even possible to use already
installed devices. Processing and decision-making can
be done on site or in the cloud, and reports are made
available via a customised dashboard platform.
Our product is divided into three different categories:
AIAM – Artifcial Intelligence for Accident Mitigation
Video analytics system for Safety, Health and
Environment (SHE). The system recognises potential
risks in real time, through detection and recognition of
dangerous interactions between humans, objects and
the work environment.
The system detects:
■ PPE (Personal Protective Equipment) usage during
activities
■ Suspended loads proximity and inclination
■ Controlled areas access
■ Proximity with dangerous objects
■ Falls and accidents
SACI – Behavioural and Interaction Analysis System:
Video analysis system that recognises human actions
on the factory floor, capable of
■ Performing real-time chronoanalysis
■ Detecting all human actions in the area, segregated
by occupational profile
■ Evaluating compliance with routines, checklists and
setup standards
■ Identifying usage patterns and defects in equipment
■ Analysing and standardising execution and performance
■ Identifying bottlenecks and points of inefficiency
Digital LOTO – Equipment blocking – audited and
confirmed by software
The Digital Lockout Tagout (dLOTO) software helps to
implement procedures and manage resources in an
effective way, eliminating human errors by increasing
the availability of information for each piece of equipment
and isolation point. The system uses an individual
QR code for each piece of equipment to document,
through photo graphs, that all energy sources on the
equipment have been locked out using standardised
devices. Once the photos have been validated, the
maintenance worker or operator is free to carry out the
action in a safe and documented manner. The equipment
release process follows the same protocol.
EMS – Energy Management Solution: Understand the
consumption of your equipment or departments in
detail
EMS is a modular energy management solution designed
to provide you with complete visibility and control of
your facility’s energy consumption. Our team is involved
from assessment to implementation of the solution.
■ The plug-and-play module allows easy deployment and
mapping of energy meters via front-end configuration
■ Granular reporting of energy consumption to guide
energy efficiency initiatives
■ Self-powered individual components are designed to
maintain communication with the web server in the
event of a power failure
■ Preconfigurations to send alerts when parameters
are out of range
■ Insights to provide oversight across assets
CUCa – Unified Characteristics Classifier:
CUCa is a system capable of recognising various quality
standards, extracting information from:
■ Format and dimensions
■ Counting and losses
■ Recognition of visual defects
■ Conformity analysis (e.g. holes)
■ Pointing out the cause and effect of problems for
immediate resolution
■ Trend analysis
2024.01
7

tec.nicum offers companies the
opportunity to completely
outsource all tasks related to
machine safety, from the
planning and installation of
control cabinets to the design of
integrated safety solutions.
Serial solutions
outsourcing: the new service module no. 6 of tec.nicum
The specialists at tec.nicum analyse the entire supply
chain and are therefore able to offer integrated solutions.
They provide support in product development
and the optimisation of products through co-design.
The customer benefits from simplified processes
and reduced costs.
production process or in an industrial line or installation.
Leveraging our expertise as a company specialised in
solutions for safety and automation systems.
On request, orders can be processed according to the
“Engineer to Order” (ETO) principle, whereby products
or components are designed and produced according
to customer specifications. In this way, tec.nicum provides
customers with customised solutions that are tailored
to their individual order requirements. This is made
possible by efficient software and error-free digital
processes. If required, tec.nicum provides the user with
products as ready-to-connect plug & play systems.
Upon request, tec.nicum can also develop complete
safety solutions for companies – from the design of
safety systems and practical implementation to 24/7
process monitoring, monitoring of safety functions and
trouble shooting.
Supply models
The outsourcing delivery model offers complete
solutions that integrate several aspects:
■ Simplification of customer processes; cost reduction
in administration; development support
■ Product improvement through co-creation and engineering
integration; cost and inventory reduction
■ Panel: Provides control panels designed for a wide
range of applications (e.g. safety panels, distribution,
air conditioning, pumps, agricultural panels, etc.)
■ Material kits: Provides plug and play solutions, ideal
for existing installations. (e.g. preassembled kits:
panel plus field items such as buttons, sensors,
safety switches; we also have mechanical solutions
such as customised plating and protection)
The outsourcing service offers the resource that allows
Schmersal to be engaged to develop improvements in a
8 2024.01

Energy management as an IIoT solution
Goal: optimisation of energy consumption in production
digitalisation is an important new pillar in tec.nicum’s
expanded range of services, with which we want to
support our customers in transformation processes
in production in the future. This includes newly
developed software solutions as well as new digital
technologies such as IIoT applications and energy
management systems. MRL News will certainly be
presenting some of these innovative systems and
solutions here in the future – we would like to start
with the energy management system. One of the first
users of the “Energy Management Solution” as an
IIoT application is the Indian production facility of an
international manufacturer of household appliances.
The task was clearly defined: The Indian plant of a
global household appliance manufacturer had set itself
clear targets for overall equipment efficiency (OEE) and
also for the energy efficiency of its production. Each
year, energy consumption was to be reduced by 2 to 5%
in relation to production volume, with a corresponding
positive impact on the site’s CO 2
emissions (which were
also accurately recorded). A comprehensive, IT-based
solution was required that would provide full transparency
of the current status, while also enabling the
recording of Key Performance Indicators (KPIs) such as
OEE. Thirdly, the database should be used to document
progress, including for international ESG reporting
(ESG = Environmental, Social und Governance)
Extended range of services
The site managers approached the IIoT team at the
Schmersal Global Competence Centre, which is also
based in India, with this request. At first glance, this
might not seem the most obvious choice. After all,
Schmersal is known worldwide as a specialist in machine
safety and as such is very much at home in areas
such as digitalisation, connectivity, sensor networking,
data analysis and edge computing. But energy management?
The answer to this question is a clear “yes”:
this is precisely part of the expanded range of services
that Schmersal’s global service division tec.nicum now
offers worldwide.
The request from the household appliance manufacturer
– with whom Schmersal’s Indian subsidiary has a
good working relationship – came at just the right time.
It offered the Schmersal Global Competence Centre
the opportunity to implement the new energy ➞
2024.01
9

Electrical Load
Electrical Panel
Meters
Parameters
EMS 4.0 SYSTEM
Gateway Platform Application & Analytics
Services: SIM Management, Helpdesk, Integration
Key parameters from electricity meters are captured and passed on for further processing. EDGE gateways collect data on all parameters
to be sent to the platform. The data is further stored and processed on our IIoT platform to be sent to our EMS 4.0 application.
management system in its own country for the first
time.
EMS 4.0: Recording and managing energy
consumption company-wide
With the “Energy Management Solution 4.0”, EMS,
Schmersal and the software developers of the IIoT
team at the Schmersal Global Competence Center
have developed a modular solution that makes energy
consumption in production transparent and provides
a comprehensive database for evaluation and
optimisation.
The plug-and-play module of this solution makes it easy
to set up and assign energy meters with its front-end
configuration. The dashboard visualises the consumption
of all systems and their evolution. Diverse evaluation
functions allow detailed reports to be generated
on energy consumption, even according to individually
defined parameters. Limit values can also be defined,
and the user receives an (alarm) message if these are
exceeded.
This also provides the user with a solid basis for energy
efficiency initiatives. The user can test and evaluate
the effectiveness of individual measures and prepare
the data for CSR reporting, which is already mandatory
for larger companies throughout the EU. And since the
calculation of KPIs is also part of the IIoT concept developed
by tec.nicum (as well as condition monitoring
and predictive maintenance), energy efficiency can be
directly included in the calculation of OEE.
Consistent execution – from analysis to
implementation
It was precisely this solution that the IIoT experts at
Schmersal implemented for their customer in India.
First, the individual requirements were defined together.
Then they adapted the software to these requirements
and selected the appropriate hardware. In the final step,
the complete solution was implemented and handed
over to the user “ready to use”.
Hardware: Fail-safe edge solution
When selecting the hardware components, care was
taken to ensure that they could maintain communica tion
with the web server for a defined period of time even in
the event of a power failure. Data from machines and
drives, collected by energy meters and other sensors,
is first collected at the edge level, i.e. in the immediate
vicinity of production, where it is analysed in real time.
4G Modbus IoT gateways are used for this purpose.
This means that the user always has access to very upto-date
data, which can also be used directly to control
energy supply and generation (solar systems, generators,
etc.). At the same time, comprehensive reports are
generated, documenting the progress made in reducing
energy consumption and CO 2
emissions, among other
things.
Transparency and reliability: improvements on
many levels
The white goods manufacturer is fully satisfied with the
solution: It has significantly reduced the time and ➞
10 2024.01

effort required to record and analyse energy consumption
and has significantly improved its OEE performance.
Operational reliability has also been greatly
improved, as critical energy consumers and generators
are monitored very closely. The same applies to the
energy distribution systems. Irregularities are largely
detected in real time and immediately reported to the
person responsible, e.g. by SMS.
The benefits of digitalisation: merging energy and
production data
Transparency goes so far as to track the energy
consumption of each product manufactured – individually
for each appliance that leaves the production line.
To do this, energy-related data must be correlated with
production data. This is also ensured by the IIoT platform
developed and provided by tec.nicum.
Perspective: Safety-as-a-Service as an IIoT
application
The backbone of the comprehensive energy management
system described here is a robust IIoT platform
that ensures reliable communication between all the
participants involved (from sensors and visualisation
systems to gateways, servers and the cloud). This platform,
developed by tec.nicum, has already been proven
in other applications.
Good internal cooperation
When adapting the energy management system to the
customer’s requirements and throughout the entire
project phase, the engineers at tec.nicum worked
closely with the IIoT team at the Schmersal Global
Competence Centre (SGCC) in Pune, India, which took
the lead on this project. Sachit Mohan, Team Super visor
– IIoT Specialist at SGCC: “We complemented each
other well and both contributed our expertise – from
infrastructure planning to component selection and
implementation.”
The experts at tec.nicum are already working on
the next step: in the future, safety-relevant data
will also be collected, transmitted and analysed via
such a platform. This will create the conditions for
completely new, comprehensive services – and for a
new business model: “Security as a service”.
The IIoT solution ‘Energy Management Solution’ creates the conditions for optimising energy consumption in production.
2024.01
11

The UK had previously stated in
2023 that it would retain CE
marking for 18 directives. The
CE marking is now set to be
recognised for a further three
directives.
UK to recognise EU conformity assessment procedures in
the long term
New memorandum of understanding from the UK’s
Department for Business and Trade
The UK’s Department for Business and Trade (DBT) announced last year that the CE marking would be recognised
indefinitely for UK market access for a total of 18 directives and legal acts. These include the Machinery Directive,
the ATEX Directive, the EMC Directive, the RED Directive, the Lifts Directive, amongst others. As the recognition does
not apply across the board for all directives, it is advisable to check the DBT’s website for information about which
directives are affected.
This year saw a new memorandum of understanding from
the DBT, announcing recognition of the CE marking for a
further three directives, including the RoHS Directive. EU
Directive 2011/65/EU limits the use of certain hazardous
substances in electrical and electronic devices. The
following should be noted for the RoHS: The intention
is to continue to recognise the RoHS for products
that adhere to the maximum values in Annex II of EU-
RoHS 2011/65/EU. For products with an exemption, the
EU requirements and CE marking will continue to be
recognised if there is a comparable exemption in GB
RoHS (2012).
Another important element of the announcement is the
recognition of the EU conformity assessment procedure
for the 21 legal acts, for which the ‘Fast Track’ procedure
is being introduced. Under this voluntary procedure, the
UKCA marking can be used to evidence compliance with
either UKCA or EU product requirements in the UK. After
completing the conformity assessment procedure (EU
or UKCA), the UKCA marking can be applied, and the
requisite UK Declaration of Conformity issued. In that
case, EU directives can also be cited in the list of legal
acts relevant to the product.
Product markings are also set to be simplified, with
essential marking able to be applied to the product itself,
on a sticker, on accompanying documents or on the
packaging. The option for digital marking, such as with a
QR code, is also due to be introduced. The legislation is
due to come into force in spring 2024.
Jörg Eisold
Head of Standards,
Committees and Association Work
12 2024.01

Are standards soon to be available free of charge?
Recent ECJ ruling leaves many questions unanswered
In case C-588/21 P, the ECJ ruled in the last instance that harmonised European standards are part of EU law and must,
therefore, be made freely available at no cost. Developing standards is a lengthy and expensive process. To account for
this, standardisation work has thus far been refinanced by licence fees, which are paid by those who use the standard.
Experts are now concerned that without this funding option, standardisation work could come to a standstill, and with it
the entire system of European standardisation.
Before the procedure was introduced in 1985 by then
Commission President Jacques Delors, businesses,
when developing their products, had to be familiar with
and comply with the technical regulations of all European
countries. For SMEs, this was all but impossible. The
development of shared standards helped to simplify
business relationships in Europe considerably.
But it is far from clear whether all European standards
will soon be available free of charge. In its ruling, the ECJ
concludes that the requested harmonised standards
are part of EU law and that there is an overriding public
interest that justifies their dissemination. The ruling
does, however, leave room for interpretation. The case,
which was brought before the court by activist Carl
Malamud through his organisation Public.Resource.Org,
Inc. relates specifically to four standards governing the
safety of children’s toys (DIN EN 71-4, DIN EN 71-5, DIN
EN 71-12 and European standard EN 12472 ‘Method for
the simulation of accelerated wear and corrosion for
the detection of nickel release from coated items’). A
public interest was thus derived from the fact that these
products affected the safety of end consumers. The
issue of public interest could be assessed differently
for other harmonised standards.
The court did not address questions relating to the
copyright of standards, nor compensation or refinancing
options. Furthermore, there is still no clarity on how free
access to harmonised standards could be facilitated.
In addition, there is also a lack of clarity on what impact
the ruling will have on international cooperation between
standardisation organisations. European standards are
laid down under the umbrella of the standardisation
organisations CEN, CENELEC (electrical engineering)
and ETSI (telecommunication). At international level is
the ISO (International Organization for Standardization),
the IEC (International Electrotechnical Commission)
and the ITU (International Telecommunication Union).
According to the ruling, the content of international
standards, such as ISO or IEC, which is integrated into
many EU standards, must now be made available. This
would touch on copyright issues.
The ECJ’s ruling will now be examined closely by legal
specialists and experts. We look forward to seeing
where standardisation in the EU will go from here.
A ruling by the European Court
of Justice, ECJ, of 5 March
2024 leaves many questions
still to be answered and has the
industry’s attention.
2024.01
13

Launching products requires
a manufacturer to have
comprehensive knowledge
of standards, directives and
laws. It is important to
understand the ever-changing
landscape of different
paragraphs and articles,
without which there is always
the risk of civil and criminal
investigations in response to
accidents involving machinery
and equipment.
Legal aspects of machine safety
Who is liable for damage?
Firstly, it is important to draw a distinction between the
manufacturer or distributor of machinery and the operating
company of machinery, for whom different requirements
apply, both at European and national level. EU directives
and regulations are published in the EU’s Official Gazette
on a proposal from the European Commission with the
approval of the European Parliament and the Council of
the European Union.
European directives and regulations specify basic health
and safety requirements that must be implemented in
accordance with the state of the art.
The latter is an important concept in legislation and
standardisation. The German Product Liability Act
(ProdHaftG, Article 1(2)(5)) states that: ‘The obligation on
the part of the manufacturer to provide compensation is
excluded if the defect could not have been recognised
according to the state of the art in science and technology
at the time at which the manufacturer brought the product
to the market.’
The requirements of directives are binding and must be
transposed into national law by EU Member States by a
set deadline. In German, this is done by means of laws
and regulations.
The European Machinery Directive, for example, is
transposed into German law in the Product Safety Act
(Act on the provision of products on the market), which has
relevance for manufacturers. By contrast, the European
Framework Directive 89/391/EEC (Occupational Health
and Safety Framework Directive) is crucial for operating
companies. This governs the introduction of measures
to improve employee health and safety protection in
the workplace. It is transposed into German law as the
Occupational Health and Safety Act, which serves to
safeguard and improve the occupational health and safety
of operating personnel in the workplace.
Technical implementation through harmonised
standards
Directives and regulations define protection objectives,
and harmonised standards are then formulated to ensure
the technical implementation of these objectives.
Harmonised standards are not legally binding, but do
trigger what is known as the ‘presumption of conformity.’
This means that anyone who adheres to the technical
specifications contained in the standards can assume
that they meet the (higher-level) compulsory requirements,
i.e. that their machinery complies with the basic
health and safety requirements for the design and ➞
14 2024.01

construction of machinery and that the machinery has
thus been designed in accordance with the Machinery
Directive. As a result, the presumption of conformity means
that the burden of proof is reversed, as a complaint
may only be raised about a compliant product if the
manufacturer is specifically proven to have violated the
requirements of the directive.
CE marking and EC Declaration of Conformity
With the CE marking, the manufacturer, distributor or
EU authorised representative declares that the machine
complies with the applicable requirements.
The Declaration of Conformity is a written declaration
from the manufacturer that its machinery is consistent
with the requirements of the directives. A new conformity
assessment procedure may, however, be required in the
event of a ‘substantial change’ to the machinery.
What are the legal consequences of not affixing a CE
marking or affixing an incorrect one?
■ Bringing an incorrectly marked product to the market
is an administrative offence in accordance with Article
7(2) and 39(1) no. 6 ProdSG (Product Safety Act). Busi
nesses and/or the person responsible in the business
could be liable to a financial penalty of up to €100,000.
■ This could give rise to an official ban on bringing the
product to the market.
■ Persistent violation of legal regulations in accordance
with Article 8 ProdSG (1-18. ProdSV)) or of an official
order based on these legal regulations is considered a
criminal offence. In addition, contractual claims could
be brought against the user (dealer, end customer).
Product law in mechanical engineering
Anyone who manufactures a product or brings it to the
market must ensure that it does not pose a danger and
must assume responsibility for any damage. Various
areas of law govern liability for damage caused by
machinery and a distinction is drawn between civil law,
criminal law and public law. While civil law is primarily
about the economic compensation of damage sustained,
criminal law determines the conditions under which the
injuring party can be penalised. Public law is the part of
law that regulates the legal relationships between the
state and citizens or economic actors/businesses. This
includes the Product Safety Act.
Product liability in EU Member States is based on EC
Directive 85/374/EC. In Germany, a distinction is drawn
between liability in accordance with the Product Liability
Act (ProdHaftG) and producer liability in accordance
with Article 823 BGB (German civil code).
Liability under the former is known as absolute liability.
This means whether or not the manufacturer is at fault
for the defect is not relevant (strict liability). ➞
2024.01
15

In contrast to product liability, the burden of proof for
producer liability rests with the customer, who has to
prove that the manufacturer acted with gross negligence,
plus that the product has a defect in its design,
manufacture, instruction or product observation.
The Product Liability Act (ProdHaftG) states in Article
1(1)(1) that: ‘If someone is fatally injured, their body or
health is injured or property is damaged as a result
of a product defect, the manufacturer of the product
is obligated to compensate the injured party for the
resulting damage.’
Claims for damages under civil law are usually
directed at the business or its management, as the
individual employee is not an ‘appropriate’ addressee
within the sense of Article 4 ProdHaftG. Although the
employee has unlimited liability towards the third party
in his/her external relationship, he/she has a claim
for indemnification or damages in his/her internal
relationship towards the employer. If the employee is
liable to third parties, the employee may be entitled
to indemnification from the employer if the damage
came about during work-related activities. Generally
speaking, claims against third parties are initially settled
by the employer and subsequent internal settlement
is based on the degree of fault (slight negligence = no
liability, gross negligence = full liability).
Some examples of the areas of responsibility or
for gross negligence:
■ Manager
If essential measures to avert danger are omitted.
■ Design manager
If gross design errors are tolerated.
■ Designer
In the event of gross or intentional design errors.
The risk of criminal liability in the context of product
responsibility under criminal law exists in principle for
every employee of the manufacturing business involved
in bringing the product to the market. In addition, there
is also a risk of criminal liability if the business is aware
that a product is dangerous but fails to act (omission).
The focus of the public prosecution service is often on
the management, as it usually decides on safety measures.
There is also a risk of criminal liability if a product
that is known to be dangerous is still brought to the
market (positive action).
Ultimately, however, the safety of machinery and occupational
health and safety are about more than just
legal aspects. Werner von Siemens recognised this way
back in 1880: ‘Preventing accidents must not be seen
as a legal requirement, but as a human obligation and
an economic necessity.’
A seminar arranged by the tec.nicum academy provides more detailed
information on this topic. More information on pages 20/21.
16 2024.01

New directive for product liability
New regulations mean far-reaching changes
It is anticipated that the EU’s new Product Liability
Directive will be published shortly, replacing the
previous Directive, 85/374/EEC, which dates back to
1985, in its entirety.
The background to the introduction of the new Directive
is the huge changes that have taken place in terms of
manufacture and distribution of products since the
previous introduction. In addition, the new Directive
will also cover new and increasingly important digital
technologies, such as software and systems that
incorporate AI.
Once the Directive is published, national legislators will
have a 24-month period in which to ensure its implementation.
This could be as late as mid-2026, but some
Member States are expected to implement it sooner.
The regulations mean far-reaching changes: the
definition of product and manufacturer is to be
expanded, businesses will be required to satisfy
extensive information obligations and the burden of
proof will, in future, be reversed, giving product users
greater scope to assert claims before the courts.
Under the new Product Liability Directive, authorised
representatives of the manufacturers and providers
of storage, packaging and shipping services as well
as, under certain conditions, retailers and operators
of online marketplaces, will also bear liability,
irrespective of where the fault lies. This expands the
circle of parties against whom claims may be asserted
considerably, going far beyond the manufacturers,
quasi-manufacturers and EEA importers, as is currently
the case. This is designed to ensure that an injured
party has a party against whom to assert a claim, even
if the faulty product was purchased directly from a
non-EU country and there is no (quasi) manufacturer
or importer within the EU. In addition, the Directive will
also ensure that businesses who ‘significantly modify’
a product independently and without authorisation can
be held liable as manufacturer, irrespective of where
the fault lies.
on the market (open source developers), and not for
commercial gain, remain unaffected. The consequence
could be that manufacturers of networked devices
will in future be liable for damage that is caused via
networked interfaces.
The draft provides for the introduction of a ‘disclosure of
evidence,’ which will mean that in future liability cases,
businesses may be required by the courts to disclose all
internal documents and communication, including e-mails,
that relate to the product or corresponding processes.
The courts must, at the same time, take steps to protect
the defendant’s business secrets. If the obligation to
disclose is to apply, the claimant must also present
sufficient facts and evidence to make a claim for
damages appear plausible. In addition, disclosure of the
evidence must be limited to what is deemed necessary
and proportionate.
Another important change relates to easing of the
burden of proof for the injured party. In the past, the
claimant was required to prove the product defect, the
damage and the causal relationship between the two.
The final draft sticks to this principle, but considerably
eases the burden of proof in favour of the claimant.
Amongst other things, the new legislation allows the
defectiveness of the product and the causal relationship
between the product defect and the damage to be
(refutably) presumed if in spite of the disclosure by the
business, and taking all circumstances of the case into
account, certain conditions are satisfied.
The Directive will also provide for software to be
included within the scope of product liability for the
first time, both by itself and as part of another product.
This means that software manufacturers can now
be held liable, irrespective of whether the software
is a complete solution or merely a sub-component.
Only developers who make software freely available
2024.01
17

Schmersal is now an approved
course provider for the TÜV
Rheinland Functional Safety
Training Programme.
During the 4-day classroom
training, participants learn the
theory and practical examples
of general machine safety
according to ISO 12100 and
functional safety according to
ISO 13849 and IEC 62061.
Participants also benefit from
the extensive knowledge and
years of experience of the
trainers and course provider.
18 2024.01

New tec.nicum certification
Functional Safety of Machinery training course and exam for
the Functional Safety Engineer (TÜV Rheinland) certificate
The programme is open to engineers with proven experience
in machine safety and functional safety.
You will be introduced to the requirements of international
standards and, after passing the final examination, you
will receive an official certificate as a Functional Safety
Engineer (TÜV Rheinland). The course explains and
discusses international regulations, basic concepts of risk
assessment, examples of protective devices on machines,
safety functions, circuit concepts and Performance Level
(PL) and Safety Integrity Level (SIL) calculations.
The course provides high-level expertise in the
following areas:
■ Risk assessment and risk reduction
■ Specification of machine guarding
■ Development of safety functions
■ Calculation and validation of the performance level
■ Calculation and validation of the safety integrity level
Who should attend?
Professionals with proven experience in the field of machine
safety and functional safety (application engineers,
system integrators, designers, safety specialists)
who wish to have their knowledge tested and certified
by an official international certification.
Additional information
The standards ISO 13849 Part 1 and Part 2 as well
as IEC 62061 are necessary working material for
this course and must be purchased and brought
along by the participants.
The FSE courses will take place on these dates
in 2024:
■ Online (language: English),
13 to 23 June 2024
■ Online (language: Spanish),
3 to 13 June 2024
■ Pune, India,
17 to 21 June 2024
■ Boituva, Brazil,
12 to 16 August 2024
■ Albany, USA
16 to 20 September 2024
■ Malvern, Great Britain,
4 to 8 November 2024
Exclusive in-house training is also available for
companies that want exclusive courses for their
employees. The courses will also be available in
Germany and online in German language in the
future.
Admission requirements for participants
Participants wishing to obtain the FS Engineer
(TÜV Rheinland) certificate must fulfil the following
requirements, complete the entire course and pass the
examination:
1) At least three years of experience in the field of
functional safety
2) University degree (Bachelor’s, Master’s, Diploma,
etc.) in engineering or another technical field
Contact for further information
and registration:
Itamara Diniz
idiniz@schmersal.com.br
Joao Paulo Bernardes Bezerra da Silva
jpsilva@schmersal.com.br
2024.01
19

Compact and informative
New tec.nicum seminars for managers
Due to their role and legal requirements, and the occupational health and safety legislation in particular, managers
have very clear requirements and responsibilities when it comes to health and safety. A key aspect is the delegation
of business duties or distribution of certain tasks to employees and other managers.
Managers thus have a particular need for information in relation to the safety of machinery and occupational health and
safety. With this in mind, the tec.nicum Academy has developed new seminars for precisely this target group.
Seminar:
The legal aspects of the safety of machinery for
managers
Seminar:
The basics of occupational health and safety for
managers
When launching new products to the market, manufacturers
need to comply with a variety of standards,
directives and laws. Managers need to have clarity,
particularly due to their risk of civil and criminal investigations
following accidents involving machinery and
systems.
The seminar provides information on personal liability
and individual in-house responsibility:
■ European machinery law
■ National transposition of the Machinery Directive
■ Liability and responsibility in product liability and civil law
■ Manufacturer, importer and dealer responsibility
■ Intent and negligence
■ Employee and employer liability
■ CE representative responsibility
Compact seminar, half-day event
Format: Face-to-face and online
Date: 20 September 2024, 09.00 to 13.00 hrs
This seminar has been configured to give both young
and experienced managers a quick and compact overview
of the world of occupational health and safety.
The seminar will take a practical look at important
requirements and current developments relating to
occupational health and safety, presented in a way that
is tangible for users.
The seminar will also look at occupational health and
safety legislation:
■ Legal principles for managers
■ Areas of responsibility and liability
■ Organising occupational health and safety across
different areas of responsibility
■ Occupational health and safety in everyday operations
■ Working with other bodies (safety engineer, works
council, etc.)
■ Practical introduction of targeted measures
■ Aids for practical implementation
■ Special requirements (alcohol consumption, mental
stress, etc.)
Intensive seminar, one-day event
Format: Face-to-face and online
Deadlines: 19 June 2024 in Wuppertal and
2 September 2024 (online), both 09.00 to 16.30 hrs
In future, the seminar will also be available as a compact
seminar (half-day event) with a focus on the ‘Legal
principles for managers’ and ‘Areas of personal responsibility
and liability.’
Date: still open
tec.nicum academy can also arrange seminars as in-house events on request.
For further information and enrolment: https://tecnicum.com/academy
20 2024.01

tec.nicum academy
Seminar programme 2024
The tec.nicum academy provides a comprehensive
training and seminar programme on topics relating
to machine and plant safety.
Visit us at www.tecnicum.com for up-to-date, detailed
information and booking options for all seminars and
special events.
We would be happy to advise you personally.
Please get in touch:
Jasmin Ruda
Tel. +49 202 6474-804, jruda@tecnicum.com
We would be happy to design a customised in-house
seminar that is tailored to the individual professional
interests of participants for a date that suits you.
Seminar topics Wuppertal Ulm Wettenberg Hamburg Online Inhouse
Law
NEW
Machinery Directive
2023/1230 –
(Compact seminar)
30.07.2024 on request on request on request on request on request
Machinery Directive
2023/1230 –
(Intensive seminar)
NEW
26.06.2024 +
27.06.2024
on request on request on request on request on request
Machinery Directive
2006/42/EC –
CE conformity assessment
procedure
The legal aspects of the
safety of machinery for
purchasers, designers,
project coordinators
(1/2-day seminar)
– on request – on request 14.11.2024 on request
24.10.2024 on request – on request – on request
The basics of occupational
health and safety
for managers
19.06.2024 on request – on request 02.09.2024 on request
Law Wuppertal Ulm Wettenberg Lübeck Online Inhouse
The legal aspects of the
safety of machinery for
executive personnel
(1/2-day seminar)
– on request on request on request 20.09.2024 on request
(Continued on page 22)
2024.01
21

tec.nicum academy
Seminar programme 2024 (continued from page 21)
Seminar topics Wuppertal Ulm Wettenberg Lübeck Online Inhouse
Standards – regulations
Risk assessments for
infection prevention
Dates on request
Risk assessment and
operating instructions
– on request – 02.12.2024 07.10.2024 on request
Validation in accordance with
EN ISO 13849-2
(1/2-day seminar)
The basics of
the Industrial Safety
Regulation (BetrSichV)
– on request – 03.12.2024 – on request
13.06.2024 on request – on request 25.11.2024 on request
Risk assessment
for machinery and systems
05.06.2024 on request – on request 28.08.2024 on request
Technical documentation
of machinery and systems
New-build, conversion,
retrofitting – from
manufacturer to operator?
(1/2-day seminar)
Application of EN ISO 13849-1
Introduction to SISTEMA
on request on request – on request 03.09.2024 on request
– on request – on request 29.11.2024 on request
19.06.2024 on request 11.09.2024 20.11.2024 – on request
Workshop
Woking with SISTEMA
(1/2-day seminar)
20.06.2024 on request 12.09.2024 21.11.2024 – on request
Standards – regulations Wuppertal Ulm Wettenberg Hamburg Online Inhouse
Application of
EN ISO 13849-1
Introduction to SISTEMA
NEW
12.06.2024 – 18.09.2024 – – on request
Standards – regulations Wuppertal Kirkel Wettenberg Lübeck Inhouse
Training to obtain TÜV
certification as “Machinery
CE Certified Expert® –
mce.expert”
– –
02.12.2024
until
05.12.2024
on request
on request
22 2024.01

tec.nicum academy
Seminar programme 2024 (continued from page 22)
Seminar topics Wuppertal Ulm Wettenberg Lübeck Online Inhouse
Application
The basics of safety
engineering – guards and
protective devices
16.05.2024 On request 25.09.2024 On request 22.11.2024 On request
Electromagnetic compatibility
EMC/EMVU in practice
Dates on request
Safe fluid technology –
safely implementing
EN ISO 13849-1
Dates on request
Fire protection in mechanical
engineering
Dates on request
Driverless transport systems
and their integration into the
production environment
10.09.2024 on request – on request on request on request
Safety in integrated
robot production systems
11.09.2024 on request – on request on request on request
Human-robot collaboration 12.09.2024 on request – on request on request on request
Compact seminar
on explosion protection
Safety-related design of
battery production systems
Dates on request
09.09.2024 on request – on request on request on request
Application Wuppertal Kirkel Wettenberg Lübeck Online Inhouse
Electrically instructed
person (EUP)
NEW
– – 04.12.2024 – – –
Products Wuppertal Ulm Wettenberg Hamburg Online Inhouse
Basic workshop
PSC1 safety controller
Expert workshop on the
PSC1 safety controller
on request on request on request on request – on request
on request on request on request on request – on request
Products Wuppertal Mühldorf Inhouse
The basics and inspection
of opto-electronic protective
equipment in accordance
with the BetrSichV (seminar
objective: competent person)
– 26.06.2024 on request
2024.01
23

Photos: K.A. Schmersal GmbH & Co. KG (shutterstock.com)
This brochure is printed on FSC® certified paper. The label on this
product assures responsible stewardship of the earth’s forests.
The greenhouse gas emissions generated in the production of this
brochure were offset by investments in the project “LAYA energy
efficient firewood stoves” in India.
24164823
Publisher:
K.A. Schmersal GmbH & Co. KG
Möddinghofe 30
42279 Wuppertal
Phone: +49 202 6474-932
info-de@tecnicum.com
www.tecnicum.com